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    Terms of Service – Matrix Internet Experts

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    Web Hosting – Terms of Service (TOS)

    These Terms of Service (the “Agreement”) set forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to MATRIX INTERNET EXPERTS. This agreement explains our obligations to you, and explains your obligations to us for the various services or products offered by Matrix Internet Experts (“Services”). When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement.

    Term of Agreement; Modification

    You agree that Matrix Internet Experts may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes Matrix Internet Experts may reasonably make to this Agreement when such changes are made. If You have purchased Services from Matrix Internet Experts, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.

    Accurate Information

    You agree to maintain accurate information by providing updates to Matrix Internet Experts, as needed, while You are using the Services. You agree You will notify Matrix Internet Experts within five business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five business days to any inquiries made by Matrix Internet Experts to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Matrix Internet Experts has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Matrix Internet Experts has the absolute right, in its sole discretion, to terminate its Services and close Your account.

    Privacy       

    Matrix Internet Experts ‘s Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and Matrix Internet Experts ‘s responsibilities with regard to Your personal information. Matrix Internet Experts will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that Matrix Internet Experts, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. Matrix Internet Experts will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to Matrix Internet Experts as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to Matrix Internet Experts in the future. Matrix Internet Experts is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.

    Accepted Use Policy            

    Matrix Internet Experts Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:

    • Not to violate the laws, regulations, ordinances or other such requirements of the government.
    • Not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
    • Not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
    • Not to make, attempt or allow any unauthorized access to Matrix Internet Experts website, servers, your own hosting account or the account of any other client of Matrix Internet Experts.
    • Not to allow any remote code execution of malicious software through the hosting account provided by Matrix Internet Experts.
    • Not to cause denial of service attacks, port scans or other endangering and invasive procedures against Matrix Internet Experts servers and facilities or the servers and facilities of other network hosts or Internet users.
    • Not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
    • Not to use Matrix Internet Experts services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property.
    • Not to engage in or to instigate actions that cause harm to Matrix Internet Experts or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc.

    Matrix Internet Experts reserves the right to refuse service to anyone upon Our discretion. Any material that in Matrix Internet Experts judgment, is either obscene or threatening is strictly prohibited and will be removed from Matrix Internet Experts servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund.

    You agree that we have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Matrix Internet Experts will take corrective action upon our own discretion and will notify You. Matrix Internet Experts decision in such case is binding and final, and cannot be a subject of a further change. Matrix Internet Experts cannot and shall not be liable for\or any loss or damage arising from Our measures against actions causing harm to Matrix Internet Experts or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due.  Will not be liable for any loss or damages in such cases.

    At its discretion, Matrix Internet Experts can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

    Storage and Security

    At all times, you shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server.

     You shall be solely responsible for undertaking measures to:

    1. Prevent any loss or damage to Your server content;
    2. Maintain independent archival and backup copies of Your server content;
    3. Ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Matrix Internet Experts servers; and
    4. Ensure the confidentiality of Your password. Matrix Internet Experts services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Matrix Internet Experts shall have no liability to You or any other person for loss, damage or destruction of any of Your content.

    Non-Exclusive Right To Use

    If You have purchased and/or been given permission to use software from Matrix Internet Experts, Matrix Internet Experts grants You a limited, non-exclusive, nontransferable and non-assignable right and ability to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

     

    Matrix Internet Experts reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of Matrix Internet Experts. The source code and its organization are the exclusive property of Matrix Internet Experts and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by Matrix Internet Experts.

    Any such software and Services are provided to You “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

    Third-Party Software

    Matrix Internet Experts provides some third-party software to You for easier account management including, but is not limited to cPanel, etc. Such software is provided on an “as is” as available basis. We do not guarantee that any specific results can be obtained by using such software. Matrix Internet Experts does not take responsibility for any faults in such software functioning. You agree that Your use of any Matrix Internet Experts Services shall be used by You in accordance with the terms of any relevant third-party licenses that you are subject to under the third party’s terms. Your failure to abide by any third-party license may result in the immediate termination of Your Services by Matrix Internet Experts. You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Matrix Internet Experts. Your use of any third party software is at Your own risk. Matrix Internet Experts does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Matrix Internet Experts will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. Matrix Internet Experts reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.

    You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

    Third-Party Content

    If You sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Matrix Internet Experts has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Matrix Internet Experts policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify Matrix Internet Experts immediately of the error. In no event shall Matrix Internet Experts be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

    Billing and Payment

    All fees for the Services shall be in accordance with Matrix Internet Experts ‘s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period.  If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Matrix Internet Experts will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at Matrix Internet Experts ‘s then current rates.

    Termination & Cancellation Policy

    The initial term of Your agreement with Matrix Internet Experts shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with Matrix Internet Experts shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.

    This agreement may be terminated:

    • By You by submitting a ticket under Billing Issues category at least three (4) working days before the account is due to renew;
    • By Matrix Internet Experts at any time, without prior notice, if, in Matrix Internet Experts ‘s judgment, You are in violation of any terms or conditions herein;
    • In Matrix Internet Experts ‘s sole judgment, Your use of the Services places or is likely to place unreasonable demands upon our services or could disrupt our business operations;
    • By Matrix Internet Experts if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either Matrix Internet Experts.

    Customer Support

    Matrix Internet Experts provides customer support to You at no additional fee for issues related to Matrix Internet Experts service only.

     

    You can request customer support only by opening Live Chat or Ticket through the support system located in the Customer area. Matrix Internet Experts will have no liability to provide customer support if it is requested in any other way apart from the Ticket support system. You are solely responsible to use the appropriate category when opening or posting Ticket. Matrix Internet Experts will have no liability to respond to tickets opened in inappropriate categories. Matrix Internet Experts shall not be liable for any delay in Live Chat and/or Ticket opened in inappropriate categories.

    You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account.

    You must provide Matrix Internet Experts with all information and access to facilities that Matrix Internet Experts may reasonably require to provide the requested customer support.

     

    You are solely liable for performing and storing a back-up copy of your data, files and hosting account prior to requesting customer support and agreeing to any interference or operation, provided by Matrix Internet Experts. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data. You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. Matrix Internet Experts has the sole right to decide what constitutes abuse of the HelpDesk system.

    Legal Purposes

    The web hosting account and/or related electronic services can only be used for legal purposes under all applicable laws. The intent of Matrix Internet Experts is to provide space to serve web documents, not as an off-site storage area for electronic files. Violations of the Law or any other provisions of this Agreement may result in termination of the Services provided by Matrix Internet Experts, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Matrix Internet Experts based upon the severity of the violation. Matrix Internet Experts  reserves the right to refuse Service if any of the content within, or any links from, the Your website is deemed illegal, misleading, or obscene. You agree that Matrix Internet Experts shall not be liable to you for loss or damages that may result from its refusal to host your website or provided the Services under this Agreement.

    Account Use

    You agree to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. You are responsible for security of Your password. Matrix Internet Experts will not change passwords to any account without proof of identification, which is satisfactory to Matrix Internet Experts, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Matrix Internet Experts will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Matrix Internet Experts be liable for any losses incurred by You during this time of determination of ownership, or otherwise

     

    If you are required to supply or transmit sensitive information to Matrix Internet Experts you should take all due precautions to provide any sensitive information over a secure communication channel.

    Currency

    While all purchases are processed in Kenyan Shillings and  US dollars, Matrix Internet Experts may provide an estimated conversion price to currencies other than Kenyan Shillings and US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate.

    Trademark or Copyright Claims

     Matrix Internet Experts is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent Matrix Internet Experts receives a proper notice of infringement of copyright, trademark or other intellectual property, Matrix Internet Experts reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Matrix Internet Experts believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

     

    Matrix Internet Experts expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Matrix Internet Experts also reserve the right to terminate an account or subscriber for even one instance of infringement.

    Proper notice of infringement shall include the following information in writing to Matrix Internet Experts designated agent:

    • The electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
    • Identification of the work that has been infringed;
    • An identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Matrix Internet Experts to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Matrix Internet Experts to locate that reference or link;
    • Your name, address, telephone number, and email address;
    • A statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law;

    Additional Reservation of Rights

    Matrix Internet Experts expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Matrix Internet Experts in its sole and absolute discretion), including but not limited to the following:

    1. To correct mistakes made by Matrix Internet Experts in offering or delivering any Services (including any domain name registration);
    2. To protect the integrity and stability of, and correct mistakes made by, any domain name registry;
    3. To assist with our fraud and abuse detection and prevention efforts;
    4. To comply with applicable local, national and international laws, rules and regulations;
    5. To comply with requests of law enforcement;
    6. To comply with any dispute resolution process;
    7. To defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or
    8. To avoid any civil or criminal liability on the part of Matrix Internet Experts, its employees and agents, as well as Matrix Internet Experts.

    In the event that Matrix Internet Experts need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.

    Notices

    You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name Whois information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name Whois information You have provided.

    Legal Age

    You attest that you are of legal age (18 or over) to enter into this Agreement.

    Final Agreement

    This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Matrix Internet Experts. By applying for Matrix Internet Experts services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

    Assignment and Resale

    Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Matrix Internet Experts prior express written consent.

     

    For more information Contact us at: info@matrixinternetexperts.com